Sabu Mathew George V. Union Of India
Akshita Atti & Hemanya Sharma, Symbiosis International University
ABSTRACT
This case analysis examines ‘Sabu Mathew George v. Union of India”, which is a landmark Public Interest Litigation, addressing the intersection of digital platforms and social welfare laws in India. The case revolves around the misuse of search engines to facilitate illegal pre-natal sex determination, in violation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The Supreme Court expanded the scope of intermediary liability under the Information Technology Act, 2000 by imposing proactive obligations on search engines, including the implementation of an “auto-block” mechanism to filter prohibited content.
The judgment reflects a purposive interpretation of statutory provisions, particularly Section 22 of the PCPNDT Act, extending its application beyond commercial advertisements to all forms of online content. It further reconciles the tension between freedom of speech under Article 19(1)(a) of the Constitution of India and the state’s duty to protect the dignity and life of the girl child under Articles 15 and 21. While the ruling strengthens regulatory enforcement in the digital domain and advances feminist constitutional values, it has been criticized for potential judicial overreach, technological impracticality, and dilution of intermediary safe harbour protections. Overall, the case marks a significant evolution in India’s digital jurisprudence, emphasizing the need to balance technological freedom with social justice imperatives.
Keywords: PCPNDT Act, Intermediary Liability, Freedom of Speech, Auto- Block Doctrine, Sex Selection Prohibition, Judicial Activism.
